-along with investigation into disclosure of private emails
The two major groupings of bar associations across the Caribbean have called for an urgent investigation into allegations concerning the administration of the Caribbean Court of Justice (CCJ), as well as a separate probe of the disclosure of private emails exchanged among its judges.
In a joint statement dated August 12, the Organisation of Eastern Caribbean States (OECS) Bar Association and the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) said the accusations reported in the media must be examined for their “veracity and accuracy”.
At the same time, the associations reaffirmed their confidence in the CCJ and the Regional Judicial and Legal Services Commission (RJLSC), saying the controversy should be resolved in a manner that protects the dignity and independence of the Court and its judges.
The statement follows reports of a serious internal dispute involving CCJ President Justice Winston Anderson and five of the Court’s six other judges.
It was earlier reported that allegations contained in leaked correspondence included claims of dictatorial conduct over a proposed dress code and other matters, attempts to alter adjudication panels unilaterally, efforts to shape decisions and the creation of a toxic working environment. Justice Anderson has not publicly provided a detailed response to them.
The bar bodies said the disclosure of private correspondence relating to ongoing internal discussions was itself a serious matter.
“The public disclosure of private emails between the judges of the CCJ pertaining to ongoing internal matters of that court, that were apparently in the process of discussion, is disturbing, unfortunate and requires immediate and thorough investigation,” they said.
They added that whether the disclosure resulted from an intentional or accidental leak, or an orchestrated hack, the CCJ’s technical, security and computer systems require “careful scrutiny and urgent remediation”.
However, the associations made it clear that an investigation into the source of the disclosure should not displace scrutiny of the allegations contained in the correspondence.
“The various accusations as reported must now be urgently investigated and examined as to veracity and accuracy,” they said.
The organisations called on the RJLSC to facilitate discussions on the accusations and to take “considered/responsible action” in support of the Court.
“At this juncture it is unclear whether what is being played out in the public arena reflects legitimate matters warranting institutional attention or internal politicking, grandstanding or perhaps misunderstandings,” the statement said.
“This underscores the need for important intervention and scrutiny by the RJLSC which, we submit, is well placed and equipped to address the issues.”
Independent review
The RJLSC earlier acknowledged the seriousness of the allegations and said the concerns should be addressed through the established internal governance mechanisms of the Court and the Commission, along with a transparent and independent review in the interest of the region.
It cautioned against drawing conclusions before the allegations had been examined fairly and objectively.
Questions have nevertheless arisen over how the review will be organised, since Justice Anderson is also chairman of the RJLSC.
Kiskadee Watch reported that he would be expected to recuse himself from Commission deliberations relating to the allegations and that another member would have to preside. This publication also noted that the dual positions held by Justice Anderson of CCJ President and RJLSC Chairman could have discouraged aggrieved judges from approaching the Commission under its stated “open door policy”.
The RJLSC is responsible for appointing CCJ judges other than the president, along with Court staff, and exercising disciplinary control over judges other than the president. The Commission includes two representatives nominated jointly by OCCBA and the OECS Bar Association.
The regional bar bodies said any genuine internal differences should be addressed frankly among the judges, with assistance from the RJLSC and other suitable persons, including distinguished former CCJ judges.
“OCCBA and the OECS Bar Association pledge our fullest support to the CCJ and the RJLSC in this regard,” they said.
“Our leadership stands ready to assist in any way possible, including the facilitation of mediation in a dignified way with the overarching objective of preserving the integrity and independence of the CCJ as well as the independence of the judiciary comprising the CCJ.”
Unshaken support
The associations stressed that they had supported the development of the CCJ for years and continued to advocate for it to become the final appellate court for all CARICOM countries.
They said that support had been consistently endorsed by the bar associations of the 15 member states comprising OCCBA.
The Court, they said, was structured to safeguard judicial independence, attract leading legal minds, prevent political interference and secure its financing through the independently administered CCJ Trust Fund.
They also defended the quality of the Court’s work, describing its judgments as sound, well reasoned and comparable with the decisions of other final courts.
“Our collective support for the CCJ as an important institution remains unshaken,” the statement said.
The associations acknowledged statements previously issued by the RJLSC, the heads of the judiciaries of Barbados, The Bahamas, Belize, Guyana, the Eastern Caribbean Supreme Court, Jamaica and Trinidad and Tobago, and the Bar Council of the Bar Association of Guyana.
They also urged the media to ensure that reporting and commentary on the controversy remained measured, accurate and fair, with due regard for continuing processes within the CCJ and the RJLSC.
“OCCBA and the OECS Bar Association affirm that the CCJ as a whole as well as the RJLSC continue to have our full confidence at this time,” the statement said.
“We are confident that these institutions are well placed to address and resolve the issues, and that they will be ventilated and finally resolved in a manner that preserves the dignity of the CCJ and all its Judges.”
The organisations added that the preservation of the CCJ as the Commonwealth Caribbean’s apex judicial institution “demands no less”.
The tenor of the statements of the regional bar associations was different from its Guyana counterpart which focused primarily on the leak of information.
In a statement on August 10th, the Bar Council of the Bar Association of Guyana said it noted with grave concern media reports concerning the leak of internal correspondence among the Judges of the CCJ.
Noting that the CCJ was Guyana’s final appellate court and the only court vested with jurisdiction to interpret and apply the Revised Treaty of Chaguaramas, the Bar Council said it must remain a bastion of justice in the Caribbean and its institutional integrity must therefore be respected, protected and preserved.
“Internal correspondence and deliberations within the Court are, and must remain, confidential. By itself, the act of disclosing such correspondence—not its content—risks bringing the administration of justice into disrepute.
“The legal profession expects and respects robust discussion among the members of the Court. The unauthorised disclosure of internal correspondence to the media would constitute a gross breach of confidence and a serious dereliction of duty by any person responsible”, the Bar Council said.
It added that it would express no view on the substance of the matters raised in the correspondence.
Discussion